These terms govern the supply of services by Goober Marketing Pty Ltd (ABN 34 694 706 619) ("Goober", "we", "us") to the client identified in the relevant proposal, order or onboarding form ("Client", "you"). By engaging us, signing a proposal, paying an invoice, or using the client portal, you agree to these terms.

Last updated: 10 June 2026. Contact: info@goober.com.au · https://www.goober.com.au.

We provide digital marketing services which may include: Google Ads management, website design, build and maintenance (including AI-assisted website changes), search engine optimisation (SEO) and AI-search (LLM) visibility, analytics and conversion tracking setup, lead capture, reporting, and access to a client portal ("Services"). The specific Services for your engagement are those described in your proposal or onboarding.

a. Our platform uses artificial intelligence to analyse your marketing data and to propose changes — for example new website pages, content edits, technical SEO fixes, and advertising optimisations.

b. Approval workflow. Proposed changes are reviewed through our approval workflow before being applied. Where you (or your authorised users) approve a change in the portal, or ask us to proceed, you authorise us to apply that change to your website and/or advertising accounts.

c. Standing authority. Where your engagement includes ongoing management, you grant us (and our automated systems) authority to make reasonable changes within the agreed scope — such as adjusting bids, budgets within your approved monthly budget, pausing underperforming ads, and publishing approved content.

d. Reversibility. We keep records of changes our platform applies and will use reasonable efforts to reverse a change on request (for example restoring previous website content or re-enabling a paused campaign). Some effects of a change (such as search-ranking movements, ad-auction outcomes or cached pages) cannot be reversed.

You warrant and agree that:

a. You own or control the websites, domains, and advertising and analytics accounts you connect to our platform, and you have authority to grant us access to them (including Google Ads, Google Analytics, Google Search Console, hosting, GitHub/Vercel and WordPress access).

b. Content, products and services promoted through the Services are lawful and do not infringe third-party rights; you hold the necessary rights to all materials you provide.

c. You will maintain a privacy policy on your website that discloses the analytics, conversion tracking and enquiry capture we install for you, and you will handle leads we pass to you in accordance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

d. You are responsible for your own backups of your website and data, independent of any copies we keep. For websites we do not host or fully control (for example your own WordPress hosting), you will ensure a recent backup exists before authorising significant changes.

e. You will review AI-generated content and proposed changes you approve. Approval in the portal has the same effect as a written instruction.

f. You will pay our fees as agreed and keep your account information current.

The Services depend on third-party platforms (including Google, Meta, hosting providers, WordPress and plugin vendors, and AI model providers). We do not control these platforms. We are not responsible for their availability, pricing, policy changes, account suspensions or disapprovals, algorithm changes, data loss within those platforms, or conflicts caused by third-party software (such as WordPress themes or plugins), except to the extent caused by our negligence.

Digital marketing outcomes depend on factors outside our control (competition, markets, platform algorithms, your products, pricing and follow-up of leads). We do not guarantee rankings, traffic, lead volumes, conversion rates, advertising performance or revenue. Estimates, projections and AI-generated recommendations are provided in good faith as opinions only and are not promises of outcome.

a. Fees are as set out in your proposal or as otherwise agreed, plus GST where applicable.

b. Advertising spend is yours. Media costs (for example Google Ads spend) are charged by the platform directly to your payment method or account and are payable by you in addition to our fees.

c. Invoices are payable within 14 days unless otherwise agreed. We may suspend Services for accounts more than 14 days overdue.

a. You retain ownership of your pre-existing materials and your data.

b. On payment in full, you own the deliverables we create specifically for you (website content, ad copy, creative), excluding our pre-existing tools, platform, know-how, templates and code libraries, which remain ours and are licensed to you for use with your deliverables.

c. We may identify you as a client and describe non-confidential work performed, unless you ask us not to.

a. Each party will comply with applicable privacy laws.

b. For leads and visitor data collected on your website using our technology, you are the party collecting that information for your business purposes and we act as your service provider. We will collect, store and pass that information to you and otherwise handle it in accordance with our Privacy Policy.

c. We may use aggregated, de-identified data derived from the Services to improve our platform and benchmarks.

a. Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) or other law that cannot lawfully be excluded.

b. Resupply limitation. To the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee in respect of services is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.

c. Cap. Subject to clauses 9(a) and 9(b), our total aggregate liability arising out of or in connection with the Services, however arising (including negligence), is limited to the fees you paid us for the Services in the three (3) months before the event giving rise to the claim.

d. Excluded loss. Subject to clause 9(a), neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill, anticipated savings, or loss or corruption of data (except our obligation to use reasonable efforts to restore website changes under clause 2(d)).

e. AI and automated changes. Subject to clause 9(a), where loss arises from a change you approved, from accurate execution of your instructions, from third-party platform behaviour, or from your failure to maintain backups under clause 3(d), we are not liable except to the extent the loss was caused by our negligence or breach of these terms. Where an automated change made under standing authority (clause 2(c)) causes a defect on your website or advertising account, your remedy is for us to promptly reverse or repair the change at no charge, and clause 9(c) applies to any further liability.

f. Each party's liability is reduced proportionately to the extent the other party's acts or omissions contributed to the loss.

You indemnify us against claims, losses and expenses arising from: your content, products or services; your breach of clause 3; your handling of leads and personal information after we pass them to you; and instructions you give us, except to the extent caused by our negligence.

a. Engagements continue for the term in your proposal, or month-to-month if none is stated. Month-to-month engagements may be ended by either party on 30 days' written notice.

b. Either party may terminate immediately for material breach not remedied within 14 days of notice, or insolvency.

c. On termination: you pay for Services provided to the date of termination; we will, on request within 30 days, hand over your accounts, deliverables you have paid for, and an export of your lead data; we may then delete data we hold for you. Clauses intended to survive (including 7–10 and 12) survive termination.

a. Confidentiality. Each party must keep the other's confidential information confidential and use it only for this engagement.

b. Subcontracting. We may use subcontractors and service providers; we remain responsible for the Services.

c. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.

d. Variations. We may update these terms by giving notice via the portal or email; changes apply from your next renewal or 30 days after notice, whichever is later. Other variations must be agreed in writing.

e. Governing law. These terms are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of its courts.

f. Entire agreement. These terms, your proposal and our Privacy Policy form the entire agreement and supersede prior discussions. If there is inconsistency, the proposal prevails.

a. Keep your portal login secure; you are responsible for actions taken under your login. Tell us immediately about any suspected unauthorised access.

b. Don't misuse the portal: no attempts to access other clients' data, probe or disrupt the platform, or use it for unlawful purposes.

c. Dashboard figures are drawn from third-party platforms and may be delayed, sampled or revised by those platforms; the source platform's records prevail. AI chat responses and recommendations in the portal are informational and subject to clause 5.

d. We may suspend portal access for security, maintenance or non-payment.